2003 Minnesota Code
Chapters 540 - 552 Judicial Procedure, District Court
Chapter 550 Executions, Redemption, Exemptions
Section 550.365 Mediation notice and requirements for agricultural property.

550.365 Mediation notice and requirements for agricultural property.

Subdivision 1. Requirement. A person may not attach, execute on, levy on, or seize agricultural property subject to sections 583.20 to 583.32 that has secured a debt of more than $5,000 unless: (1) a mediation notice is served on the judgment debtor and a copy served on the director and the debtor and creditor have completed mediation under sections 583.20 to 583.32; or (2) as otherwise allowed under sections 583.20 to 583.32.

Subd. 2. Contents. A mediation notice must contain the following notice with the blanks properly filled in.

"TO: ....(Name of Judgment Debtor)....

A JUDGMENT WAS ORDERED AGAINST YOU BY ....(Name of Court).... ON ....(Date of Judgment).

AS A JUDGMENT CREDITOR, ....(Name of Judgment Creditor).... INTENDS TO TAKE ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED AS ....(Description of Agricultural Property).... TO SATISFY THE JUDGMENT.

YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY ENFORCES THE DEBT.

IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.

TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.

FROM: ....(Name and Address of Judgment Creditor)...."

HIST: 1986 c 398 art 1 s 2; 1987 c 292 s 6

* NOTE: This section, as added by Laws 1986, chapter 398, *article 1, section 2, is repealed July 1, 2003. Laws 1986, *chapter 398, article 1, section 18, as amended by Laws 1987, *chapter 292, section 37; Laws 1989, chapter 350, article 16, *section 8; Laws 1990, chapter 525, section 1; Laws 1991, chapter *208, section 2; Laws 1993, First Special Session chapter 2, *article 6, section 2; Laws 1995, chapter 212, article 2, section *11; Laws 1997, chapter 183, article 3, section 29; Laws 1998, *chapter 395, section 7; Laws 1998, chapter 402, section 6; Laws *1999, chapter 214, article 2, section 19; Laws 2001, chapter *195, article 1, section 23; and Laws 2001, First Special Session *chapter 2, section 150.

* NOTE: This section, as added by Laws 1986, chapter 398, *article 1, section 2, is repealed June 30, 2005. Laws 1986, *chapter 398, article 1, section 18, as amended by Laws 1987, *chapter 292, section 37; Laws 1989, chapter 350, article 16, *section 8; Laws 1990, chapter 525, section 1; Laws 1991, chapter *208, section 2; Laws 1993, First Special Session chapter 2, *article 6, section 2; Laws 1995, chapter 212, article 2, section *11; Laws 1997, chapter 183, article 3, section 29; Laws 1998, *chapter 395, section 7; Laws 1998, chapter 402, section 6; Laws *1999, chapter 214, article 2, section 19; and Laws 2001, First *Special Session chapter 1, article 2, section 25.